In last week’s Torah reading (i.e., Shoftim), Moses defined an extensive system of justice for the Israelites and pointed to the coming Messiah who would be the rightful King of Israel: “The LORD your God will raise up for you a prophet like me from among you, from your brothers — it is to him you shall listen” (Deut. 18:15). In this week’s portion (i.e., parashat Ki Teitzei: כי־תצא), Moses returns to the immediate concern of life in the promised land by providing additional laws to be enforced regarding civil life in Israel. In fact, Jewish tradition (following Maimonides) identifies no less than 74 of the Torah’s 613 commandments in this portion (more than any other), covering a wide assortment of rules related to ethical warfare, family life, burial of the deceased, property laws, the humane treatment of animals, fair labor practices, and honest economic transactions.
Of particular interest to us is the law regarding capital offenses and the instruction that one who was executed and “hanged on a tree” (עַל־עֵץ) is under the curse of God (Deut. 21:22-23). According to the Talmud (Nezakim: Sanhedrin 6:4:3), the Great Sanhedrin (סַנְהֶדְרִין גְדוֹלָה) decided that “a man must be hanged with his face towards the spectators” upon a wooden stake, with his arms slung over a horizontal beam. It should be noted that while this is technically not the same thing as the gruesome practice of Roman crucifixion, the reasoning based on this verse was apparently used to justify the execution of Yeshua (Mark 15:9-15; John 19:5-7; 15). The exposed body was required to be buried before sundown to keep the land from being defiled. Besides the shame of this manner of death, the one so executed would be unable to fall to their knees as a final act of repentance before God, thereby implying that they were under the irrevocable curse of God (קִלְלַת אֱלהִים).
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